Standard Consulting Agreement for Germany

Standard Consulting Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for consulting services between a service provider and a client. This agreement complies with German Civil Code (BGB) requirements for service contracts (Dienstvertrag) and includes provisions for scope of services, compensation, intellectual property rights, confidentiality, and data protection under GDPR. The document addresses key aspects of the consulting relationship while ensuring clear differentiation from employment contracts under German labor law, incorporating necessary provisions for independent contractor status and commercial relationship management.

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What is a Standard Consulting Agreement?

This Standard Consulting Agreement is designed for use in the German market when engaging external consultants or consulting firms for professional services. The agreement ensures compliance with German legal requirements, particularly the German Civil Code (BGB) provisions for service contracts (Dienstvertrag), while incorporating essential commercial terms and regulatory obligations. It is suitable for both short-term project-based engagements and longer-term consulting relationships, providing comprehensive coverage of service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations. The document includes specific provisions required under German law for maintaining independent contractor status and addresses data protection requirements under GDPR. It serves as a foundational template that can be customized based on specific consulting engagement requirements while maintaining legal compliance.

What sections should be included in a Standard Consulting Agreement?

1. Parties: Identification of the contracting parties - consultant and client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and general purpose of the consulting engagement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of consulting services to be provided, including any specific deliverables

5. Consultant's Obligations: Key responsibilities and commitments of the consultant, including quality standards and professional conduct

6. Client's Obligations: Client's responsibilities, including provision of information, access, and cooperation

7. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created intellectual property

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. General Provisions: Standard legal clauses including notices, amendments, severability, and governing law

What sections are optional to include in a Standard Consulting Agreement?

1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to sensitive market information

2. Insurance: Insurance requirements for the consultant, typically included for high-value or high-risk engagements

3. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries

4. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included for complex projects

5. Service Levels: Specific performance metrics and standards, used for ongoing service arrangements

6. Audit Rights: Client's rights to audit consultant's work, important for regulated industries or complex projects

7. Personnel: Requirements for specific consultant personnel or qualifications, used when key individuals are critical

8. Warranties: Specific warranties beyond standard obligations, used for specialized services

What schedules should be included in a Standard Consulting Agreement?

1. Schedule 1 - Scope of Services: Detailed description of services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: List of key consultant personnel and their roles

5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

6. Appendix B - Security Requirements: IT and physical security requirements for the engagement

7. Appendix C - Project Timeline: Detailed project schedule and milestones

8. Appendix D - Required Insurance Coverage: Specific insurance types and coverage amounts required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Retail

Energy

Telecommunications

Automotive

Construction

Education

Real Estate

Media and Entertainment

Logistics and Transportation

Pharmaceuticals

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Risk Management

Compliance

Contract Management

Project Management

Business Development

Senior Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Operations Manager

Department Head

Risk Manager

Compliance Officer

Contract Manager

Business Development Manager

Finance Director

Managing Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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